Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

MH C&P examiner ignored evidence.


Andyman73

Question

Hello all, I am starting a new thread about my issue, I was dangerously close to hijacking somebody else's thread. 

Background,

C&P exam, Nov 2nd, 2015 for depression secondary to chronic pain. DX as MDD reoccurant, with SI, in June of 2015, by VA MH dr. I asked him if depression can be caused by chronic pain, he said most definitely. Many depressed Vets have chronic pain issues. So then I filed the claim for depression secondary to chronic pain.

I fell down stairs during boot camp in 11/92. Many issues with back and knee pain from that point. VA SCd me for painful knee condition, bilateral. And Low back strain/pain, residual pain from L ankle injury, tinittus and hearing loss, all dated to my EAS of 11/98. So, now I have chronic established.

C&P examiner ignored all my evidence, and opined that one minor leg injury, in his opinion, can't lead to depression. I don't know how he, in is uninformed mind, can say that the other VA docs and ROs thought my one minor leg injury led to those contentions being SCd 17 years ago.

RO told me on the phone that she will not over rule the examiner, since he must know what he's talking about....so she willfully ignored my evidence as well.

Link to comment
Share on other sites

Recommended Posts

  • 0

Have you officially been denied?  If so I would request another C&P exam and also file a NOD.  Before I say "usually" the C&P examiner should have reviewed your file prior to the examination, which if that was the case does not mean he ignored the evidence, but disagrees with it. In the final decision there is a section which shows all the evidence used in deciding your claim if there is evidence you submitted and it was not included in making the decision you definitely should address this in your NOD. If your trying to link depression to a physical condition it is best to get a nexus letter linking the two.

Link to comment
Share on other sites

  • 0
2 hours ago, smoothc100 said:

Have you officially been denied?  If so I would request another C&P exam and also file a NOD.  Before I say "usually" the C&P examiner should have reviewed your file prior to the examination, which if that was the case does not mean he ignored the evidence, but disagrees with it. In the final decision there is a section which shows all the evidence used in deciding your claim if there is evidence you submitted and it was not included in making the decision you definitely should address this in your NOD. If your trying to link depression to a physical condition it is best to get a nexus letter linking the two.

Yes, got denied, filed NOD. Spoke to my VA MH dr, he was surprised that the examiner went against me. And then wrote how he couldn't see a minor leg injury causing depression.

Ok, so maybe not, but bilateral patella femoral knee pain condition, low back strain/pain, painful ROM of each knee separate, L ankle residual pain from injury, pes cavus, bilateral w/plantar fasciitis bilateral as well.

Knees, back and ankle are SCD to my EAS date of 11/98. The feet are from last July.  He don't have to say anything, it's already established by the VA granting my awards, right?

He only wrote that he disagreed with a minor leg injury that only needed 8 days in a leg brace.  Worse yet, the RO refused to look at my mountain of evidence, said she will not overrule the MH examiner.  So she ignored it all as well.  That kind of defeats the purpose of the C&P exam, since it was based on chronic pain to begin with.

 

Link to comment
Share on other sites

  • 0

Andyman73,

Sorry to hear you were denied, but you still can win. I think the examiner didn't review your evidence especially if there is some missing from the Decision Letter (listed documents used), which I would mention in the NOD.  Were you treated for depression in the service? You might need to obtain a nexus letter as well to show the link, because physical disabilities can cause depression. Did you have a DBQ done?  If not it might be good to obtain one from an outside provider as the VA doc rarely do them. If you suffered from depression in the service and its documented in your military medical records then it might be better just to file for the depression as a primary condition instead of a secondary.

Link to comment
Share on other sites

  • 0

smoothc100,

Examiner told me he looked at my SMR and VMRs before the exam. If that was so, he would have seen all the entries for pain related issues.  But since he dismissed them so easily, I think he did NOT review my records.

No service treatment, most Marines don't go for this due to the social stigma attached.  No DBQ by examiner, or my VA MH who DXd me with MDD 4 months before C&P exam.

I attempted suicide several times by alcohol, and once was stopped from slicing my wrists, while at my work station.  All that came from that was a visit to my division chief, and then the base chaplin. But no entry in my service record, no referral to hospital for MH eval either.  Just covered it up.

Link to comment
Share on other sites

  • 0

Andyman73, have you considered obtaining an IMO to counter that idiot examiner? I know they can be expensive, but I do know of one IMO provider that WILL accept pretty much whatever monthly payment you can afford. If your not considering getting an IMO, you definitely want to request a new c&p exam. I remember that your examiner was an MH Doc, but you can still request a new exam. It seems from what you stated about the examiners attitude that he was already determined to deny you before you even had the exam, and I would put that into the new exam request. I'm sorry that I cant remember, but have you asked any of your MH Docs to complete a DBQ for you as well? They might say no, but then again, they might say yes and save you the cost of obtaining a new IMO.

  • Like 2
Link to comment
Share on other sites

  • 0

flores97.

I have thought long and hard about seeing a private MH provider for an IMO/IME, but my marriage and life would not survive the potential fallout if that were to become a part of my personal non-VA health record. 

I can ask my VA MH dr when I see him again in a few weeks. 

The examiner was the pill prescribing type of MH dr.

Or maybe just let the whole thing go, can't keep knocking on doors that go nowhere.  The only thing happening is my MDD is not getting any better with any of this.  After so many rejections, I find little or no reason at all to keep asking...just settle for what ever I have.  

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines